Changes in the Regulations as of December 12, 201812 December 2018
As a result of the enactment of the Act of May 10, 2018, amending the Telecommunications Act and certain other acts, it is necessary to introduce changes to the regulations governing the provision of telecommunications services. Due to the provisions of Article 60a(3a) of the Act of July 16, 2004, the Telecommunications Act, the changes are published on our website.
The revised regulations will be effective from December 12, 2018, in all agreements concluded starting from that date. Additionally, from that date onwards, the new provisions will also apply to agreements that were concluded earlier. In the event that subscribers do not accept the proposed changes, they have the right to terminate the currently valid agreement for the provision of telecommunications services in writing within one month from the date of receiving the notification. At the same time, due to the fact that the changes are solely related to the amendment of existing provisions, exercising the right to terminate the agreement will require the return of any benefits mentioned in Article 57(6) of the Telecommunications Act.
We emphasize that the introduced changes do not alter the pricing conditions (the fees remain unchanged) and the quality parameters of the services provided. Essentially, the amendment has enabled the service provider to offer the option of entering into and modifying agreements for the provision of telecommunications services not only in written form but also in documented form, such as via email.
However, in order to ensure business certainty, the provider has decided to offer the option of entering into and modifying agreements exclusively in written form.
In the currently effective Geckonet Sp. z o.o. regulations for the provision of telecommunications services, the following changes are introduced as of December 12, 2018:
- The current regulations, price list, and, if applicable, promotion regulations are provided free of charge by the service provider in writing or upon request by the subscriber to the specified email address or through IBOK (Section 2(4)). In accordance with the current provisions of Article 161(2) of the Telecommunications Act, the service provider is authorized to process subscriber data regarding their email address without separate consent (Section 5(1)(h) of the Regulations).
- In Section 1(2) point 24, the definition of the Agreement is amended and now reads as follows:
Agreement – an agreement for the provision of telecommunication services in the scope of Internet Service and/or Telephone Service and/or Television Service, concluded between the Subscriber and the Service Provider in written form;
- § 4(1) shall have the following wording:
The Agreement is concluded for a definite or indefinite period in written form.
- § 4(2) shall have the following wording:
The Agreement may be concluded:
- at the premises of the Customer Service Office,
- outside the premises of the service provider, as defined by the Act of May 30, 2014 on consumer rights,
- remotely, i.e., without the simultaneous physical presence of the Parties.
- § 4(8) is deleted.
- § 10(2) shall have the following wording:
The Service Provider provides the Subscriber with the option to set a monetary threshold for services with an increased fee, i.e., telecommunication services with additional features that can be provided by a party other than the Service Provider, for each Settlement Period, and in the absence of such, for each calendar month, upon exceeding which the Service Provider will be obliged to: (a) immediately inform the Subscriber about reaching the monetary threshold; (b) block outgoing calls to numbers with an increased fee and incoming calls from such numbers, as well as specific types of such services, free of charge. The Service Provider sets the thresholds at 0 PLN, 35 PLN, 100 PLN, and 200 PLN. If the Subscriber has not specified a monetary threshold for services with an increased fee, it is considered that the threshold is 35 PLN for each Settlement Period.
- § 16 ust. 2 pkt e) shall have the following wording:
notification of exhausting the complaint procedure and the right to pursue claims in court proceedings, and in the case where the complainant is a consumer, the right to pursue claims in the proceedings referred to in Article 109 of the Act of 16 July 2004, the Telecommunications Law,
- § 17 ust. 8 shall have the following wording:
After exhausting the complaint procedure or in the absence of grounds for initiating it, the Subscriber may refer the matter to court proceedings by filing a lawsuit against the Service Provider or submitting an application for conciliation or an application for the initiation and conduct of mediation, and in the case where the complainant is a consumer, he/she has the right to pursue claims in the proceedings for out-of-court resolution of consumer disputes referred to in Article 109 of the Act of 16 July 2004, the Telecommunications Law. The proceedings under Article 109 of the aforementioned Act are conducted by the President of the Office of Electronic Communications (the authorized body) at the request of the Subscriber or ex officio if the protection of the consumer’s interest so requires. Detailed information regarding the procedures and applicable forms of relevant applications and letters can be found on the website of the Consumer Information Center of the Office of Electronic Communications: http://www.cik.uke.gov.pl/.